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While our attention is primarily on health issues during this
global pandemic, climate change remains at the forefront of issues
being addressed by governments, courts and businesses. This
bulletin summarizes some of the recent developments in Canada and
abroad.
FEDERAL GOVERNMENT INITIATIVES
In November 2020, the Canadian federal government introduced
Bill C-12, the
Canadian Net-Zero Emissions Accountability
Act. The bill proposes to legally bind the government to
achieve net-zero emissions by 2050 and require the Minister of
Finance to report annually on key measures that the federal
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While our attention is primarily on health issues during this global pandemic, climate change remains at the forefront of issues being addressed by governments, courts and businesses. This bulletin summarizes some of the recent developments in Canada and abroad.
FEDERAL GOVERNMENT INITIATIVES
In November 2020, the Canadian federal government introduced Bill C-12, the
Canadian Net-Zero Emissions Accountability Act. The bill proposes to legally bind the government to achieve net-zero emissions by 2050 and require the Minister of Finance to report annually on key measures that the federal government has taken to manage climate-related financial risks and opportunities. Hot on the heels of that, the government released
Climate Change: Government Action, Judicial Restraint and Corporate Disclosure lexology.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from lexology.com Daily Mail and Mail on Sunday newspapers.
[co-author: Brendan Sigalet, Articling Student]
U.S. courts have often relied on the political question doctrine to dismiss climate change actions. The Canadian equivalent of the political question doctrine, justiciability, has recently been considered by Canadian Court in cases involving
Charter-based climate change claims.
To be justiciable, claims must be within the authority and ability of the judiciary to decide, considering the Canadian constitutional system of government. It is generally recognized that it is not the function of the courts to establish what policy or law best advances the public interest and that courts may decline to decide such issues under the doctrine of justiciability.